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Patna High Court

Sachin Yadav @ Sachin Kumar Yadav @ Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since the FIR does not specifically allege an assault by the petitioner and there is a case and counter‑case, the court granted bail subject to statutory conditions.

Summary

The petitioner, Sachin Yadav, sought bail after being named in an FIR (G.B. Nagar PS Case No. 331 of 2025) for offences under the Bhartiya Nyay Sanhita, 2023, alleging assault with a deadly weapon. He contended that the FIR does not specifically allege any overt act by him and that the matter involves a case and counter‑case, with a pending title suit between the parties. The prosecution opposed bail, citing a prior criminal antecedent, but noted that the petitioner was already on bail in the same matter. The court observed the lack of a specific allegation against the petitioner and the existence of a civil dispute, and consequently granted bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order required a bond, sureties, cooperation with the trial, and provisions for cancellation if evidence was tampered with or antecedents concealed.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under multiple sections of the Bhartiya Nyay Sanhita.
  • Whether the FIR contains a specific allegation of assault against the petitioner sufficient to deny bail.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • FIR
  • assault
  • criminal antecedent
  • case and counter case
  • pending civil suit
  • Bhartiya Nyay Sanhita
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86843 of 2025
                   Arising Out of PS. Case No.-331 Year-2025 Thana- GAUTAMBUDHNAGAR District-
                                                          Siwan
                 ======================================================
                 Sachin Yadav @ Sachin Kumar Yadav @ Sachin Kumar Son of Pancha Yadav
                 Resident of Village- Sarangpur, Ps- G.B. Nagar, Dist- Siwan
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prashant Kumar, Advocate
                                          :      Mr. Netan Chouhan, Advocate
                                          :      Mr. Divyam Kumar, Advocate
                 For the Opposite Party/s :      Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                     Heard Mr. Prashant Kumar, learned counsel for the

                   petitioner and Mr. Akbar Ali, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with G.B. Nagar P.S. Case No. 331 of 2025, F.I.R.

                   dated 26.07.2025 for the offences punishable under Sections

                   191(2), 126(2), 115(2), 118, 117,(2), 109, 303(2), 324(4), 352,

                   351(2) of the Bhartiya Nyay Sanhita, 2023.

                                3. As per the First Information Report, the informant

                   alleged that when he was standing in front of his house, then the

                   petitioner along with other co-accused persons came, armed with

                   deadly weapon and assaulted him by means of farsa and iron rod.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.86843 of 2025(2) dt.08-01-2026
                                            2/3




          present case. There is case and counter case between the parties

          and the petitioner and the informant are agnates to each other.

          One Title Suit No.1218 of 2024 is pending between the parties.

          Although the petitioner is named in the FIR but from bare

          perusal of the FIR it appears that there is no specific allegation of

          assault or overt act against the petitioner and specific allegation

          of assault is attributed against co-accused person.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner carries one criminal antecedent other

          than the present one but fairly submits on the basis of paragraph-

          3 of the bail application that the petitioner is on bail in the said

          matter.

                       6. Considering the aforesaid facts and circumstances,

          there is no specific allegation of assault or overt act against the

          petitioner and there is case and counter case between the parties

          and one title suit is pending between the parties, let the petitioner,

          above named, in the event of arrest or surrender before the court

          below within a period of thirty days from the date of receipt of

          the order, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned A.C.J.M-IV, Siwan in

          connection with G.B. Nagar P.S. Case No. 331 of 2025, subject
            Patna High Court CR. MISC. No.86843 of 2025(2) dt.08-01-2026
                                                        3/3




                      to the conditions as laid down under Section 438(2) of the Code

                      of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

                      Suraksha Sanhita and with other following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bond in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-
U      T


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